3:8-3. Representation by Public Defender

3:8-3. Representation by Public Defender

(a) Application; Determination; Referral. The criminal division manager's office
shall receive applications for services of the Public Defender and shall determine
indigence. A defendant who qualifies for service shall be referred to the Office of the
Public Defender no later than the arraignment. The defense counsel appointed by the
Office of the Public Defender shall promptly file an appearance.

(b) Scope of Services. The Office of the Public Defender shall represent
indigent defendants who qualify for its services through:

(1) Direct appeal from conviction;

(2) Post-conviction proceedings for which the Rules of Court provide
assigned counsel;

(3) Direct appeal from those post-conviction proceedings; and

(4) Review of cases after the Appellate Division issues a judgement in an
appeal as of right and compliance with the provisions of paragraph (c) of this Rule
following that review.

(c) Services Following Appellate Division Judgment. In cases that present a
potentially meritorious petition for certification in accordance with the standards in R.
2:12-4, the Office of the Public Defender shall file a petition for certification
accompanied by a letter brief or a letter relying on defendant’s Appellate Division
arguments. In cases in which defense counsel appointed by the Office of the Public
Defender cannot certify that a petition “presents a substantial question and is filed in
good faith,” as required by R. 2:12-7(a), the Office of the Public Defender shall not file a
petition but shall notify defendant of this position in writing and offer copies of relevant
briefs, transcripts, and any other documents.

Note: Adopted July 5, 2000 to be effective September 5, 2000; amended April 12, 2016 to be
effective May 20, 2016; text amended and captioned as paragraph (a), new paragraphs (b) and (c)
adopted July 29, 2019 to be effective September 1, 2019.